Failing Placements

[Minnie]

For the last week, my girls placement with their father is becoming unstable. The girls are under a full care order, the children's father has split up with girlfriend and she asked him to move out with the girls. I'm not sure where the girls are, I have heard that the girls and their father are in the ex girlfriend's house and she has gone to his mothers with the baby, I haven't had this confirmed by the social worker. He asking if he can move into my house, we are joint tenants with the housing association. I have lived there for the last 7 years and four years since we split up, he refused to come off the tenancy. The housing association are saying it is between me and him, the only problem I don't fit the criteria without the girls. He has been told that we have give notice on the tenancy in order for him to get social housing but he thinks he will be automatically get the house but he has been told that its unlikely he will get the house as there are people at the top of the housing list. The social worker and the cbt therapist aren't recommending the children return to my house without me been there as it will be too confusing for them.
Both me and children's father have been given until the 9th December to plans forward as to where we are going to live and to relinquish the tenancy, if this doesn't happen, the children could return to foster care. I'm prepared to do what have been asked if I'm given time to find somewhere else that is suitable for myself and my children.
The children's father has said that he wants my furniture from the house which told him he couldn't have. The children's father is saying that the local authority aren't offering support with the placement, I think they are but not what he had in mind. They are offering to push him up the housing list, help financial and help with the furniture but he isn't accepting this. I think the social worker thinks he isn't engaging with them and working with them. My feeling is that they will end up in foster care as a result of this, my solicitor says if that happens we will return to court and get them out of foster care under the human rights act. I'm told that I am next in line to have the children if the placement fails, the solicitor thinks it too soon to discharge the care order, it has only been 4 months. I was told on the final days in court that the placement with him would fail by the solicitors( I have a new one now).

I don't know what to do, I'm trying my best to do everything I'm been asked to do and I'm about to lose my home and need to find somewhere that is stable and suitable for the girls.

[Suzie, FRG Adviser]

Dear Minnie,

Things have become much more complicated for your girls.
Now dad’s relationship with his partner has broken down and he needs somewhere else to live with the girls. Children’s services are helping him approach housing but as you say, he is still named on the joint tenancy of the housing association property so housing may decide that he isn’t homeless or in need of being re-housed so he might be turned away.

The issue is whether or not he should be moving back into your home and you move out or whether you or he could find somewhere else to live such as a private landlord tenancy.
If he went for a private law tenancy, would children services help (such as providing a deposit).
If you moved out of the family home, how would it affect your housing rights? Children services are unlikely to help you find accommodation, if the girls are remaining with dad.
Before you make any decisions, it is really important that you work with your solicitor around any plan and get housing law advice. Is there anyone in the same firm as your solicitor? Or you could search for a housing solicitor or speak to Shelter

If the placement with father breaks down, then the local authority have parental responsibility due to the care order. So they could decide to remove the children from him and will have to decide where the girls should be placed.

There is recent guidance in case law about children being removed from a parent when there is a full care order.
Unless it is an emergency, you and dad should be involved in the decision making process, you should be given notice that the girls are going to be removed (14 days has been suggested so that you can make a court application). There should be a new thorough assessment of you to consider placing the girls with you and what support you might need. Putting the girls into a non -family placement such as foster care should be the last resort.
So your solicitor is right to consider a human rights act application if the girls went into foster care.
I hope this helps but please post back if you have any questions.

Best wishes,

Suzie

[Minnie]

Thanks

We have the 2 weeks return to court part explained as its in the children's care plans, I have been advised by the solicitor to look for a rental house asap to provide the children with a stable house and once moved in, I should invite the social worker round to assessed the house in preparation for the children. What part of the human rights act applies to the children in foster care?